Newsletters

Auto Insurance for Individuals Convicted of DUI/DWI

Car insurance companies frown upon drunk drivers and enforce serious penalties to those who have been charged with drunk driving, or other alcohol-related driving offenses. Convictions for such offenses will cause many insurance carriers to raise the rates significantly or cancel an insured, either during mid-term or at the end of insurance term.

Double Jeopardy Defense in DWI/DUI Cases

Drunk driving defendants have challenged the constitutionality of the states' dual use of administrative license suspension (ALS) statutes and criminal driving while intoxicated (DWI) prosecutions with the so-called Double Jeopardy Drunk Driving defense.

Criminal Offense of Failure to Assist an Injured Person

Motorists involved in any type of motor vehicle accident where personal injury or death occurs are required to remain at the scene until police arrive. All states have statutes setting out certain procedures a motorist must follow after involvement in a collision causing death or injury. Moreover, the statutes treat the term "accident" or "collision" to include all automobile collisions, intentional as well as unintentional.

Pre-Sentencing Alcohol Evaluations in DUI/DWI Cases

Most state laws governing driving under the influence (DUI) and/or driving while intoxicated (DWI) mandate that offenders receive intervention and treatment. According to these laws, if an offender is convicted of DWI/DUI, the offender is required to obtain a clinical substance abuse assessment to determine whether he or she will be recommended to complete a substance abuse education class or treatment program.

Admissibility of Blood Alcohol Tests in Drunk Driving Cases

All 50 states and the District of Columbia have enacted statutes requiring a motorist arrested for drunk driving to submit to a chemical blood test. These statutes are known as "implied consent" laws. Under these laws, a motorist suspected of driving under the influence of alcohol is deemed to have consented to a chemical analysis test designed to measure blood alcohol content level.